Nonwaiver.
RCW 64.65.090
in effectThe right of a servient estate owner to relocate an easement under this chapter may not be waived, excluded, or restricted by agreement even if: (1) The instrument creating the easement prohibits relocation or contains a waiver, exclusion, or restriction of this chapter; (2) The instrument creating the easement requires consent of the easement holder to amend the terms of the easement; or (3) The location of the easement is fixed by the instrument creating the easement, another agreement, previous conduct, acquiescence, estoppel, or implication.
The right of a servient estate owner to relocate an easement under this chapter may not be waived, excluded, or restricted by agreement even if:
(1) The instrument creating the easement prohibits relocation or contains a waiver, exclusion, or restriction of this chapter;
(2) The instrument creating the easement requires consent of the easement holder to amend the terms of the easement; or
(3) The location of the easement is fixed by the instrument creating the easement, another agreement, previous conduct, acquiescence, estoppel, or implication.
Source: WA Statutes (Official Site)URL: https://app.leg.wa.gov/RCW/default.aspx?cite=64.65&full=trueFetched: 6/29/2026